Tepfer v. City of Wichita

Citations

• 90 Kan. 718
• 136 P. 317
• 1913 Kan. LEXIS 295

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Negligence — Individual Excavating Street by Permission— Personal Injuries — City Liable. A city given control of its streets and charged with the duty of maintaining them in a safe condition can not, by any permission it may give to individuals to plow the streets and to remove earth therefrom, avoid liability for injuries resulting to travelers from the negligent manner in which the work is done or the dangerous condition in which the street is left.</p> <p>2. Same — Notice of Condition of Streets■ — Duty of City to the Public. Where a city grants permission to a third party to plow or excavate in a street it is bound to exercise diligence for the protection of the traveling public and to know the condition of the street while the work is in progress and after it is done, the same as it would where the work is directly done by its own officers or agents.</p>